Accomplished NJ Workplace Accident Attorneys Advocate for the Full Compensation You Deserve
When you are injured at work, you should be covered by workers’ compensation, which pays your medical bills and replaces some of your lost wages. Unfortunately, injured workers often get their legitimate claims denied. Frequently, employers charge their workers aren’t covered, because they are independent contractors, or their injury isn’t work related. Without workers’ comp benefits, these workers face severe financial hardship. But even if they get their full workers’ comp benefits, injured workers are not fully compensated; they haven’t gotten full wage replacement and they’ve gotten nothing for their pain and suffering. However, under certain circumstances, there is a way to obtain full compensation.
At Brach Eichler our attorneys are devoted to winning full compensation for our clients. If you’ve been denied workers’ comp benefits, we’ll use all our knowledge and skill to appeal that denial, so you can access the benefits you deserve. But we go even further; we thoroughly investigate the circumstances of our injury to determine whether third-party negligence played a role. This is because the law allows you to pursue a negligence lawsuit to recover full personal injury damages, if someone with whom you do not have an employer-employee or co-worker relationship caused an accident that injured you. Fighting for the full range of benefits and your full compensation is something we are passionate about. And our passion produces positive results.
Rate of work injuries in New Jersey and throughout the country
If you have been hurt in a workplace accident, you’re not alone. According to the U.S. Bureau of Labor Statistics, private industry employers throughout the United States reported about 2.9 million nonfatal workplace injuries and illnesses in 2016, which occurred at a rate of 2.9 cases per 100 full-time equivalent (FTE) workers. This was a significant decrease of about 48,500 workplace injuries from 2015. In New Jersey the rate of nonfatal workplace injuries for 2016 was 3.0 per 100 FTE, just slightly above the national average. But the Garden State saw 101 fatal work injuries in 2016, the leading causes of which were:
- Transportation — 36
- Falls — 26
- Contact with object or equipment — 21
- Violence — 12
- Exposure to harmful substances and environments — 6
The rate of workplace injuries should be a cause of concern for New Jersey workers and employers alike.
The most common workplace injuries
Both workers and employers have a responsibility to help reduce workplace injuries. For this to happen, it helps to understand the major causes of workplace injury, which are:
- Overexertion — These injuries include muscle strain, lower back strain, and strain on the heart from physical activities at work.
- Slipping/tripping – Encountering a slick surface or an impediment on the ground can send an unsuspecting worker crashing painfully to the ground.
- Fall from a height — A fall from one level of a structure to another, as often happens at a construction site, can be deadly.
- Reaction injury — When you slip/trip but don’t fall, you can still injure yourself trying to remain upright.
- Falling objects — This can be an object that falls from a shelf or a tool dropping from a scaffold. The heavier the object and the longer the drop, the more serious the injury.
- Walking into objects — When a worker accidentally bumps into a hard object, such as a wall, door, or table, trauma to the head, foot, knee, and neck are common.
- Vehicle accidents — Whether you drive for business purposes or are present around moving vehicles, the danger is constant and the results can be deadly.
- Machine entanglement — Getting a body part caught in machinery is painful and can result in crush injuries, loss of limb, and shock from blood loss.
- Repetitive motion — Repeating the same task over and over without rest can cause painful inflammation and joint and tissue damage.
- Violence — Assaults in the workplace can cause serious injury and death.
Together, alert workers and employers can greatly reduce the incidence of workplace injury. Where there is a will, there is a way.
Is your workplace contributing to employee injuries?
Unfortunately, too many employers do not stress a culture of safety in the workplace. In fact, by cutting corners on safety, they make the workplace much more dangerous than it has to be. This is evident in the number and kind of safety standard violations that are seen in the workplace. In 2014, the Occupational Safety and Health Administration reported that the most frequently violated safety standards were:
- Fall protection
- Hazard communication standard
- Scaffolding, general requirements
- Respiratory protection
- Powered industrial trucks
- Control of hazardous energy
- Electrical, wiring methods, components, and equipment
- Machinery and machine guarding
- Electrical systems design, general requirements
A quick comparison between this list of violations and the most common types of injuries reveals a close correlation, if not direct cause and effect. Unfortunately, an injured New Jersey worker cannot automatically sue an employer for a safety violation, even when that violation produces an injury. The worker can sue, however, if a third party violated the safety standard.
How third-party negligence lawsuits work
As mentioned above, a worker who gets full workers’ comp benefits still suffers an economic loss and recovers nothing for the pain and suffering the injury causes. Those damages are only available through a negligence lawsuit. New Jersey’s workers’ compensation statute protects negligent employers and coworkers from lawsuits, but it does not protect third parties, such as subcontractors, employees of subcontractors, and manufacturers of industrial machinery. So, if one of those third parties was responsible for the accident that harmed you, the path is clear for you to sue for personal injury damages, and Brach Eichler is ready to fight aggressively for you.
Contact our determined injury lawyers for your workplace accident case
Brach Eichler Personal Injury assists injured workers with workers’ compensation disputes and third-party lawsuits related to workplace injuries. If you’ve been hurt on the job and you want to know your right to benefits and damages, schedule a free consultation with a knowledgeable and concerned injury attorney at our firm. Call us today at 973-364-8300 or contact us online.